(a) “”Bioterrorism”” is the intentional use of any micro- organism, virus, infectious substance or biological product that may be engineered as a result of biotechnology, or any naturally occurring or bioengineered component of any such microorganism, virus, infectious substance or biological product, to cause death, disease or other biological malfunction in a human, an animal, a plant or another living organism in order to influence the conduct of government or to intimidate or coerce a civilian population.

(b) “”Chain of Custody”” is the methodology of tracking specimens for the purpose of maintaining control and accountability from initial collection to final disposition of the specimens, and providing for accountability at each stage of collecting, handling, testing, storing and transporting the specimens and reporting test results.

(c) “”Contagious Disease”” is an infectious disease that can be transmitted from person to person.

(d) “”Health Care Facility”” means any non-Federal institution, building, or agency, or portion thereof, whether public or private (for-profit or nonprofit) that is used, operated or designed to provide health services, medical treatment or nursing, rehabilitative, or preventive care to any person or persons. This includes, but is not limited to: ambulatory surgical facilities, home health agencies, hospices, hospitals, infirmaries, intermediate care facilities, kidney treatment centers, long term care facilities, medical assistance facilities, mental health centers, outpatient facilities, public health centers, rehabilitation facilities, residential treatments facilities, skilled nursing facilities, and adult day-care centers. This also includes, but is not limited to, the following related property when used for, or in connection with, the foregoing: laboratories; research facilities; pharmacies; laundry facilities; health personnel training and lodging facilities; patient, guest and health personnel food service facilities; and offices and office buildings for persons engaged in health care professions or services.

(e) “”Health Care Provider”” is any person or entity who provides health care services, including, but not limited to, hospitals, medical clinics and offices, special care facilities, medical laboratories, physicians, pharmacists, dentists, physician assistants, nurse practitioners, registered and other nurses, paramedics, emergency medical or laboratory technicians, and ambulance and emergency medical workers.

(f) “”Infectious Disease”” is a disease caused by a living organism or other pathogen, including a fungus, bacteria, parasite, protozoan or virus. An infectious disease may, or may not, be transmissible from person to person, animal to person, or insect to person.

(g) “”Infectious Waste”” is:

(i) “”biological waste,”” which includes blood and blood products, excretions, exudates, secretions, suctioning and other body fluids, and waste materials saturated with blood or body fluids;
(ii) “”cultures and stocks,”” which includes etiologic agents and associated biologicals, including specimen cultures and dishes and devices used to transfer, inoculate and mix cultures, wastes from production of biologicals and serums, and discarded live and attenuated vaccines;

(iii) “”pathological waste,”” which includes biopsy materials and all human tissues, anatomical parts that emanate from surgery, obstetrical procedures, necropsy or autopsy and laboratory procedures, and animal carcasses exposed to pathogens in research and the bedding and other waste from such animals, but does not include teeth or formaldehyde, or other preservative agents; and

(iv) “”sharps,”” which includes needles, I.V. tubing with needles attached, scalpel blades, lancets, breakable glass tubes, and syringes that have been removed from their original sterile containers.

(h) “”Isolation”” is the physical separation and confinement of an individual or groups of individuals who are infected or reasonably believed to be infected with a contagious or possibly contagious disease from non-isolated individuals, to prevent or limit the transmission of the disease to non-isolated individuals.

(i) “”Mental Health Support Personnel”” includes, but is not limited to, psychiatrists, psychologists, social workers and volunteer crisis counseling groups.

(j) “”Organized Militia”” includes the Department of Military Affairs and the Guam National Guard or any other military force organized under the laws of Guam or through empowerment of the Organic Act of Guam.

(k) “”Protected health information”” is any information, whether oral, written, electronic, visual or any other form, that relates to an individual=s past, present, or future physical or mental health status, condition, treatment, service, products purchased, or provision of care, and that reveals the identity of the individual whose health care is the subject of the information, or where there is a reasonable basis to believe such information could be utilized, either alone or with other information that is, or should reasonably

be known to be, available to predictable recipients of such information, to reveal the identity of that individual.

(l) “”Public health authority”” is the Department of Public Health and Social Services; or any local government agency that acts principally to protect or preserve the public=s health; or any person directly authorized to act on behalf of the Department of Public Health and Social Services or local public health agency. The determination of the >Public health authority= shall be determined by I Maga=låhen Guåhan, based upon the circumstances of the public health emergency. The >public health authority= shall be appointed by I Maga=låhen Guåhan by an Executive Order declaring a public health emergency.

(m) A “”public health emergency”” is an occurrence or imminent threat of an illness or health condition that:

(1) is believed to be caused by any of the following: (i) bioterrorism;
(ii) the appearance of a novel or previously controlled or eradicated infectious agent or biological toxin;

(iii) a natural disaster relative to an act of God caused by a typhoon, earthquake, tsunami, flood or intra-terrestrial collision;

(iv) a chemical attack or accidental release; or(v)a nuclear attack or accident; and

(2) poses a high probability of any of the following harms:

(i) a large number of deaths in the affected population;

(ii) a large number of serious or long-term disabilities in the affected population; or

(iii) widespread exposure to an infectious or toxic agent that poses a significant risk of substantial future harm to a large number of people in the affected population.
(n) “”Public safety authority”” means the Guam Police Department; or any local government agency that acts principally to protect or preserve the public safety, or any person directly authorized to act on behalf of the Guam Police Department or local agency.

(o) “”Quarantine”” is the physical separation and confinement of an individual or groups of individuals who are, or may have been, exposed to a contagious, or possibly contagious, disease, and who do not show signs or symptoms of a contagious disease, from non-quarantined individuals, to prevent or limit the transmission of the disease to non-quarantined individuals.

(p) “”Specimens”” include, but are not limited to, blood, sputum, urine, stool, other bodily fluids, wastes, tissues and cultures necessary to perform required tests.

(q) “”Tests”” include, but are not limited to, any diagnostic or investigative analyses necessary to prevent the spread of disease or protect the public=s health, safety and welfare.

(r) “”Superior Court of Guam”” is the court designated by the Public Health Emergency Plan under Article 2 of this Chapter when a public health emergency has been declared.

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ARTICLE 2
PLANNING FOR A PUBLIC HEALTH EMERGENCY